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90_SB1424enr
625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
625 ILCS 5/6-118 from Ch. 95 1/2, par. 6-118
625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208
625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
720 ILCS 5/36-1 from Ch. 38, par. 36-1
Amends the Illinois Vehicle Code. Permits impounding of
an arrested intoxicated person's vehicle for up to 12 hours
(now 6 hours). Permits longer impound period for multiple
offenders. Increases the reinstatement fee for a person
whose license has been suspended or revoked a second or
subsequent time. Provides that a person may not make
application for a license after his or her license has been
revoked if the person is convicted of committing a fourth or
subsequent DUI violation or driving while a license is
suspended or revoked (if the original suspension or
revocation was for a DUI violation). Increases the period of
statutory summary alcohol or other drug related suspension
for a refusal or failure to complete a test to determine
alcohol or drug concentration. Increases the penalty for a
person convicted of a third or subsequent violation for
driving while a license is suspended or revoked if the
original revocation or suspension was for violating certain
offenses. Provides that a person is guilty of aggravated
driving under the influence if the alcohol concentration in
the person's blood or breath is 0.20 or more. Increases the
penalty for a person who commits a DUI violation for a fourth
or subsequent time. Amends the Criminal Code to permit
seizure and forfeiture of vehicles of persons convicted of
certain DUI related offenses.
LRB9008478OBpkB
SB1424 Enrolled LRB9008478OBpkB
1 AN ACT concerning driving violations, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 4-203, 6-113, 6-118, 6-208, 6-303, and
7 11-501 as follows:
8 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
9 Sec. 4-203. Removal of motor vehicles or other vehicles;
10 Towing or hauling away.
11 (a) When a vehicle is abandoned, or left unattended, on a
12 toll highway, interstate highway, or expressway for 2 hours
13 or more, its removal by a towing service may be authorized by
14 a law enforcement agency having jurisdiction.
15 (b) When a vehicle is abandoned on a highway in an urban
16 district 10 hours or more, its removal by a towing service
17 may be authorized by a law enforcement agency having
18 jurisdiction.
19 (c) When a vehicle is abandoned or left unattended on a
20 highway other than a toll highway, interstate highway, or
21 expressway, outside of an urban district for 24 hours or
22 more, its removal by a towing service may be authorized by a
23 law enforcement agency having jurisdiction.
24 (d) When an abandoned, unattended, wrecked, burned or
25 partially dismantled vehicle is creating a traffic hazard
26 because of its position in relation to the highway or its
27 physical appearance is causing the impeding of traffic, its
28 immediate removal from the highway or private property
29 adjacent to the highway by a towing service may be authorized
30 by a law enforcement agency having jurisdiction.
31 (e) Whenever a peace officer reasonably believes that a
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1 person under arrest for a violation of Section 11-501 of this
2 Code or a similar provision of a local ordinance is likely,
3 upon release, to commit a subsequent violation of Section
4 11-501, or a similar provision of a local ordinance, the
5 arresting officer shall have the vehicle which the person was
6 operating at the time of the arrest impounded for a period of
7 not more than 12 6 hours after the time of arrest. However,
8 such vehicle may be released by the arresting law enforcement
9 agency prior to the end of the impoundment period if:
10 (1) the vehicle was not owned by the person under
11 arrest, and the lawful owner requesting such release
12 possesses a valid operator's license, proof of ownership,
13 and would not, as determined by the arresting law
14 enforcement agency, indicate a lack of ability to operate
15 a motor vehicle in a safe manner, or who would otherwise,
16 by operating such motor vehicle, be in violation of this
17 Code; or
18 (2) the vehicle is owned by the person under
19 arrest, and the person under arrest gives permission to
20 another person to operate such vehicle, provided however,
21 that the other person possesses a valid operator's
22 license and would not, as determined by the arresting law
23 enforcement agency, indicate a lack of ability to operate
24 a motor vehicle in a safe manner or who would otherwise,
25 by operating such motor vehicle, be in violation of this
26 Code.
27 (e-5) Whenever a person is taken into custody for
28 operating the vehicle in violation of Section 11-501 of this
29 Code or a similar provision of a local ordinance or in
30 violation of Section 6-303 of this Code where the revocation
31 or suspension of the person's driver's license was based on
32 the provisions of Section 11-501.1 of this Code or was based
33 on a violation of Section 11-501 of this Code or Section 9-3
34 of the Criminal Code of 1961, a law enforcement officer may
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1 have the vehicle immediately impounded for a period not less
2 than 24 hours for a second or subsequent violation of Section
3 11-501 of this Code or a similar provision of a local
4 ordinance or Section 6-303 of this Code or a combination of
5 these offenses. However, such vehicle may be released by the
6 arresting law enforcement agency prior to the end of the
7 impoundment period if:
8 (1) the vehicle was not owned by the person under
9 arrest, and the lawful owner requesting such release
10 possesses a valid operator's license, proof of ownership,
11 and would not, as determined by the arresting law
12 enforcement agency, indicate a lack of ability to operate
13 a motor vehicle in a safe manner, or who would otherwise,
14 by operating such motor vehicle, be in violation of this
15 Code; or
16 (2) the vehicle is owned by the person under
17 arrest, and the person under arrest gives permission to
18 another person to operate such vehicle, provided however,
19 that the other person possesses a valid operator's
20 license and would not, as determined by the arresting law
21 enforcement agency, indicate a lack of ability to operate
22 a motor vehicle in a safe manner or who would otherwise,
23 by operating such motor vehicle, be in violation of this
24 Code.
25 (f) Except as provided in Chapter 18a of this Code, the
26 owner or lessor of privately owned real property within this
27 State, or any person authorized by such owner or lessor, or
28 any law enforcement agency in the case of publicly owned real
29 property may cause any motor vehicle abandoned or left
30 unattended upon such property without permission to be
31 removed by a towing service without liability for the costs
32 of removal, transportation or storage or damage caused by
33 such removal, transportation or storage. The towing or
34 removal of any vehicle from private property without the
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1 consent of the registered owner or other legally authorized
2 person in control of the vehicle is subject to compliance
3 with the following conditions and restrictions:
4 1. Any towed or removed vehicle must be stored at
5 the site of the towing service's place of business. The
6 site must be open during business hours, and for the
7 purpose of redemption of vehicles, during the time that
8 the person or firm towing such vehicle is open for towing
9 purposes.
10 2. The towing service shall within 30 minutes of
11 completion of such towing or removal, notify the law
12 enforcement agency having jurisdiction of such towing or
13 removal, and the make, model, color and license plate
14 number of the vehicle, and shall obtain and record the
15 name of the person at the law enforcement agency to whom
16 such information was reported.
17 3. If the registered owner or legally authorized
18 person entitled to possession of the vehicle shall arrive
19 at the scene prior to actual removal or towing of the
20 vehicle, the vehicle shall be disconnected from the tow
21 truck and that person shall be allowed to remove the
22 vehicle without interference, upon the payment of a
23 reasonable service fee of not more than one half the
24 posted rate of the towing service as provided in
25 paragraph 6 of this subsection, for which a receipt shall
26 be given.
27 4. The rebate or payment of money or any other
28 valuable consideration from the towing service or its
29 owners, managers or employees to the owners or operators
30 of the premises from which the vehicles are towed or
31 removed, for the privilege of removing or towing those
32 vehicles, is prohibited. Any individual who violates
33 this paragraph shall be guilty of a Class A misdemeanor.
34 5. Except for property appurtenant to and obviously
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1 a part of a single family residence, and except for
2 instances where notice is personally given to the owner
3 or other legally authorized person in control of the
4 vehicle that the area in which that vehicle is parked is
5 reserved or otherwise unavailable to unauthorized
6 vehicles and they are subject to being removed at the
7 owner or operator's expense, any property owner or
8 lessor, prior to towing or removing any vehicle from
9 private property without the consent of the owner or
10 other legally authorized person in control of that
11 vehicle, must post a notice meeting the following
12 requirements:
13 a. The notice must be prominently placed at
14 each driveway access or curb cut allowing vehicular
15 access to the property within 5 feet from the public
16 right-of-way line. If there are no curbs or access
17 barriers, the sign must be posted not less than one
18 sign each 100 feet of lot frontage.
19 b. The notice must indicate clearly, in not
20 less than 2 inch high light-reflective letters on a
21 contrasting background, that unauthorized vehicles
22 will be towed away at the owner's expense.
23 c. The notice must also provide the name and
24 current telephone number of the towing service
25 towing or removing the vehicle.
26 d. The sign structure containing the required
27 notices must be permanently installed with the
28 bottom of the sign not less than 4 feet above ground
29 level, and must be continuously maintained on the
30 property for not less than 24 hours prior to the
31 towing or removing of any vehicle.
32 6. Any towing service that tows or removes vehicles
33 and proposes to require the owner, operator, or person in
34 control of the vehicle to pay the costs of towing and
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1 storage prior to redemption of the vehicle must file and
2 keep on record with the local law enforcement agency a
3 complete copy of the current rates to be charged for such
4 services, and post at the storage site an identical rate
5 schedule and any written contracts with property owners,
6 lessors, or persons in control of property which
7 authorize them to remove vehicles as provided in this
8 Section.
9 7. No person shall engage in the removal of
10 vehicles from private property as described in this
11 Section without filing a notice of intent in each
12 community where he intends to do such removal, and such
13 notice shall be filed at least 7 days before commencing
14 such towing.
15 8. No removal of a vehicle from private property
16 shall be done except upon express written instructions of
17 the owners or persons in charge of the private property
18 upon which the vehicle is said to be trespassing.
19 9. Vehicle entry for the purpose of removal shall
20 be allowed with reasonable care on the part of the person
21 or firm towing the vehicle. Such person or firm shall be
22 liable for any damages occasioned to the vehicle if such
23 entry is not in accordance with the standards of
24 reasonable care.
25 10. When a vehicle has been towed or removed
26 pursuant to this Section, it must be released to its
27 owner or custodian within one half hour after requested,
28 if such request is made during business hours. Any
29 vehicle owner or custodian or agent shall have the right
30 to inspect the vehicle before accepting its return, and
31 no release or waiver of any kind which would release the
32 towing service from liability for damages incurred during
33 the towing and storage may be required from any vehicle
34 owner or other legally authorized person as a condition
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1 of release of the vehicle. A detailed, signed receipt
2 showing the legal name of the towing service must be
3 given to the person paying towing or storage charges at
4 the time of payment, whether requested or not.
5 This Section shall not apply to law enforcement,
6 firefighting, rescue, ambulance, or other emergency vehicles
7 which are marked as such or to property owned by any
8 governmental entity.
9 When an authorized person improperly causes a motor
10 vehicle to be removed, such person shall be liable to the
11 owner or lessee of the vehicle for the cost or removal,
12 transportation and storage, any damages resulting from the
13 removal, transportation and storage, attorney's fee and court
14 costs.
15 Any towing or storage charges accrued shall be payable by
16 the use of any major credit card, in addition to being
17 payable in cash.
18 11. Towing companies shall also provide insurance
19 coverage for areas where vehicles towed under the
20 provisions of this Chapter will be impounded or otherwise
21 stored, and shall adequately cover loss by fire, theft or
22 other risks.
23 Any person who fails to comply with the conditions and
24 restrictions of this subsection shall be guilty of a Class C
25 misdemeanor and shall be fined not less than $100 nor more
26 than $500.
27 (g) When a vehicle is determined to be a hazardous
28 dilapidated motor vehicle pursuant to Section 11-40-3.1 of
29 the Illinois Municipal Code, its removal and impoundment by a
30 towing service may be authorized by a law enforcement agency
31 with appropriate jurisdiction.
32 When a vehicle removal from either public or private
33 property is authorized by a law enforcement agency, the owner
34 of the vehicle shall be responsible for all towing and
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1 storage charges.
2 Vehicles removed from public or private property and
3 stored by a commercial vehicle relocator or any other towing
4 service in compliance with this Section and Sections 4-201
5 and 4-202 of this Code, shall be subject to a possessor lien
6 for services pursuant to "An Act concerning liens for labor,
7 services, skill or materials furnished upon or storage
8 furnished for chattels", filed July 24, 1941, as amended, and
9 the provisions of Section 1 of that Act relating to notice
10 and implied consent shall be deemed satisfied by compliance
11 with Section 18a-302 and subsection (6) of Section 18a-300.
12 In no event shall such lien be greater than the rate or rates
13 established in accordance with subsection (6) of Section
14 18a-200 of this Code. In no event shall such lien be
15 increased or altered to reflect any charge for services or
16 materials rendered in addition to those authorized by this
17 Act. Every such lien shall be payable by use of any major
18 credit card, in addition to being payable in cash.
19 (Source: P.A. 86-460; 86-820; 86-1028; 87-531.)
20 (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
21 Sec. 6-113. Restricted licenses and permits. (a) The
22 Secretary of State upon issuing a drivers license or permit
23 shall have the authority whenever good cause appears to
24 impose restrictions suitable to the licensee's driving
25 ability with respect to the type of, or special mechanical
26 control devices required on, a motor vehicle which the
27 licensee may operate or such other restrictions applicable to
28 the licensee as the Secretary of State may determine to be
29 appropriate to assure the safe operation of a motor vehicle
30 by the licensee.
31 (b) The Secretary of State may either issue a special
32 restricted license or permit or may set forth such
33 restrictions upon the usual license or permit form.
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1 (c) The Secretary of State may issue a probationary
2 license to a person whose driving privileges have been
3 suspended pursuant to subsection (d) of this Section or
4 subsections (a)(2), (a)(19) and (a)(20) of Section 6-206 of
5 this Code. The Secretary of State shall promulgate rules
6 pursuant to The Illinois Administrative Procedure Act,
7 setting forth the conditions and criteria for the issuance
8 and cancellation of probationary licenses.
9 (c-5) The Secretary of State may issue a restricted
10 driver's permit under the provision of paragraph (c) of
11 Section 6-205 of this Code to a person who, under the
12 provisions of subparagraph 4 of paragraph (b) of Section
13 6-208 of this Code, is not eligible to apply for a driver's
14 license. The Secretary of State shall promulgate rules
15 pursuant to the Illinois Administrative Procedure Act setting
16 forth the conditions and criteria for the issuance and
17 cancellation of such permit.
18 (d) The Secretary of State may upon receiving
19 satisfactory evidence of any violation of the restrictions of
20 such license or permit suspend, revoke or cancel the same
21 without preliminary hearing, but the licensee or permittee
22 shall be entitled to a hearing as in the case of a suspension
23 or revocation.
24 (e) It is unlawful for any person to operate a motor
25 vehicle in any manner in violation of the restrictions
26 imposed on a restricted license or permit issued to him.
27 (f) Whenever the holder of a restricted driving permit
28 is issued a citation for any of the following offenses
29 including similar local ordinances, the restricted driving
30 permit is immediately invalidated:
31 1. Reckless homicide resulting from the operation of a
32 motor vehicle;
33 2. Violation of Section 11-501 of this Act relating to
34 the operation of a motor vehicle while under the influence of
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1 intoxicating liquor or narcotic drugs;
2 3. Violation of Section 11-401 of this Act relating to
3 the offense of leaving the scene of a traffic accident
4 involving death or injury; or
5 4. Violation of Section 11-504 of this Act relating to
6 the offense of drag racing;
7 The police officer issuing the citation shall confiscate
8 the restricted driving permit and forward it, along with the
9 citation, to the Clerk of the Circuit Court of the county in
10 which the citation was issued.
11 (Source: P.A. 86-549.)
12 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
13 Sec. 6-118. Fees.
14 (a) The fee for licenses and permits under this Article
15 is as follows:
16 Original driver's license.............................$10
17 Original or renewal driver's license
18 issued to 18, 19 and 20 year olds..................5
19 All driver's licenses for persons
20 age 69 through age 80..............................5
21 All driver's licenses for persons
22 age 81 through age 86..............................2
23 All driver's licenses for persons
24 age 87 or older....................................0
25 Renewal driver's license (except for
26 applicants ages 18, 19 and 20 or
27 age 69 and older).................................10
28 Original instruction permit issued to
29 persons (except those age 69 and older)
30 who do not hold or have not previously
31 held an Illinois instruction permit or
32 driver's license..................................20
33 Instruction permit issued to any person
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1 holding an Illinois driver's license
2 who wishes a change in classifications,
3 other than at the time of renewal..................5
4 Any instruction permit issued to a person
5 age 69 and older...................................5
6 Instruction permit issued to any person,
7 under age 69, not currently holding a
8 valid Illinois driver's license or
9 instruction permit but who has
10 previously been issued either document
11 in Illinois.......................................10
12 Restricted driving permit...............................8
13 Duplicate or corrected driver's license
14 or permit..........................................5
15 Duplicate or corrected restricted
16 driving permit.....................................5
17 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
18 The fees for commercial driver licenses and permits
19 under Article V shall be as follows:
20 Commercial driver's license:
21 $6 for the CDLIS/AAMVAnet Fund
22 (Commercial Driver's License Information
23 System/American Association of Motor Vehicle
24 Administrators network Trust Fund);
25 $10 for the driver's license;
26 and $24 for the CDL:.............................$40
27 Renewal commercial driver's license:
28 $6 for the CDLIS/AAMVAnet Trust Fund;
29 $10 for the driver's license; and
30 $24 for the CDL:.................................$40
31 Commercial driver instruction permit
32 issued to any person holding a valid
33 Illinois driver's license for the
34 purpose of changing to a
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1 CDL classification: $6 for the
2 CDLIS/AAMVAnet Trust Fund; and
3 $24 for the CDL classification...................$30
4 Commercial driver instruction permit
5 issued to any person holding a valid
6 Illinois CDL for the purpose of
7 making a change in a classification,
8 endorsement or restriction........................$5
9 CDL duplicate or corrected license.....................$5
10 In order to ensure the proper implementation of the
11 Uniform Commercial Driver License Act, Article V of this
12 Chapter, the Secretary of State is empowered to pro-rate the
13 $24 fee for the commercial driver's license proportionate to
14 the expiration date of the applicant's Illinois driver's
15 license.
16 The fee for any duplicate license or permit shall be
17 waived for any person age 60 or older who presents the
18 Secretary of State's office with a police report showing that
19 his license or permit was stolen.
20 No additional fee shall be charged for a driver's
21 license, or for a commercial driver's license, when issued to
22 the holder of an instruction permit for the same
23 classification or type of license who becomes eligible for
24 such license.
25 (b) Any person whose license or privilege to operate a
26 motor vehicle in this State has been suspended or revoked
27 under any provision of Chapter 6, Chapter 11, or Section
28 7-702 of the Family Financial Responsibility Law of this
29 Code, shall in addition to any other fees required by this
30 Code, pay a reinstatement fee as follows:
31 Summary suspension under Section 11-501.1.............$60
32 Other suspension......................................$30
33 Revocation............................................$60
34 However, any person whose license or privilege to operate
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1 a motor vehicle in this State has been suspended or revoked
2 for a second or subsequent violation of Section 11-501 of
3 this Code or a similar provision of a local ordinance or
4 Section 9-3 of the Criminal Code of 1961 or was suspended for
5 a second or subsequent time based on the provisions of
6 Section 11-501.1 of this Code and each suspension or
7 revocation was for a violation of Section 11-501 of this Code
8 or a similar provision of a local ordinance or Section 9-3 of
9 the Criminal Code of 1961 or was based on the provisions of
10 Section 11-501.1 of this Code shall pay, in addition to any
11 other fees required by this Code, a reinstatement fee as
12 follows:
13 Summary suspension under Section 11-501.1............$250
14 Revocation...........................................$250
15 (c) All fees collected under the provisions of this
16 Chapter 6 shall be paid into the Road Fund in the State
17 Treasury except as follows:
18 1. The following amounts shall be paid into the
19 Driver Education Fund:
20 (A) $16 of the $20 fee for an original
21 driver's instruction permit;
22 (B) $5 of the $10 fee for an original driver's
23 license;
24 (C) $5 of the $10 fee for a 4 year renewal
25 driver's license; and
26 (D) $4 of the $8 fee for a restricted driving
27 permit.
28 2. $30 of the $60 fee for reinstatement of a license
29 summarily suspended under Section 11-501.1 shall be
30 deposited into the Drunk and Drugged Driving Prevention
31 Fund. However, for a person whose license or privilege
32 to operate a motor vehicle in this State has been
33 suspended or revoked for a second or subsequent violation
34 of Section 11-501 of this Code or Section 9-3 of the
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1 Criminal Code of 1961, or was suspended a second or
2 subsequent time under the provisions of Section 11-501.1
3 of this Code, $190 of the $250 fee for reinstatement of a
4 license summarily suspended under Section 11-501.1, and
5 $190 of the $250 fee for reinstatement of a revoked
6 license shall be deposited into the Drunk and Drugged
7 Driving Prevention Fund.
8 3. $6 of such original or renewal fee for a
9 commercial driver's license and $6 of the commercial
10 driver instruction permit fee when such permit is issued
11 to any person holding a valid Illinois driver's license,
12 shall be paid into the CDLIS/AAMVAnet Trust Fund.
13 4. The $30 fee for reinstatement of a license
14 suspended under the Family Financial Responsibility Law
15 shall be paid into the Family Responsibility Fund.
16 (Source: P.A. 89-92, eff. 7-1-96.)
17 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
18 Sec. 6-208. Period of Suspension - Application After
19 Revocation.
20 (a) Except as otherwise provided by this Code or any
21 other law of this State, the Secretary of State shall not
22 suspend a driver's license, permit or privilege to drive a
23 motor vehicle on the highways for a period of more than one
24 year.
25 (b) Any person whose license, permit or privilege to
26 drive a motor vehicle on the highways has been revoked shall
27 not be entitled to have such license, permit or privilege
28 renewed or restored. However, such person may, except as
29 provided under subsection (d) of Section 6-205, make
30 application for a license pursuant to Section 6-106 if the
31 revocation was for a cause which has been removed or:
32 1. Except as provided in subparagraphs 2, and 3,
33 and 4, after the expiration of one year from the
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1 effective date of the revocation or, in the case of a
2 violation of paragraph (b) of Section 11-401 of this Code
3 or a similar provision of a local ordinance, after the
4 expiration of 3 years from the effective date of the
5 revocation or, in the case of a violation of Section 9-3
6 of the Criminal Code of 1961 relating to the offense of
7 reckless homicide, after the expiration of 2 years from
8 the effective date of the revocation; or
9 2. If such person is convicted of committing a
10 second violation within a 20 year period of:
11 - Section 11-501 of this Code, or a similar
12 provision of a local ordinance; or
13 - Paragraph (b) of Section 11-401 of this Code,
14 or a similar provision of a local ordinance; or
15 - Section 9-3 of the Criminal Code of 1961, as
16 amended, relating to the offense of reckless
17 homicide; or
18 - any combination of the above offenses
19 committed at different instances;
20 then such person may not make application for a license
21 until after the expiration of 5 years from the effective
22 date of the most recent revocation. The 20 year period
23 shall be computed by using the dates the offenses were
24 committed and shall also include similar out-of-state
25 offenses.
26 3. However, except as provided in subparagraph 4,
27 if such person is convicted of committing a third, or
28 subsequent, violation or any combination of the above
29 offenses, including similar out-of-state offenses,
30 contained in subparagraph 2, then such person may not
31 make application for a license until after the expiration
32 of 10 years from the effective date of the most recent
33 revocation.
34 4. The person may not make application for a
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1 license if the person is convicted of committing a fourth
2 or subsequent violation of Section 11-501 of this Code or
3 a similar provision of a local ordinance, paragraph (b)
4 of Section 11-401 of this Code, Section 9-3 of the
5 Criminal Code of 1961, or a combination of these offenses
6 or similar provisions of local ordinances or similar
7 out-of-state offenses.
8 Notwithstanding any other provision of this Code, all
9 persons referred to in this paragraph (b) may not have their
10 privileges restored until the Secretary receives payment of
11 the required reinstatement fee pursuant to subsection (b) of
12 Section 6-118.
13 In no event shall the Secretary issue such license unless
14 and until such person has had a hearing pursuant to this Code
15 and the appropriate administrative rules and the Secretary is
16 satisfied, after a review or investigation of such person,
17 that to grant the privilege of driving a motor vehicle on the
18 highways will not endanger the public safety or welfare.
19 (Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97.)
20 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
21 Sec. 6-208.1. Period of statutory summary alcohol or
22 other drug related suspension.
23 (a) Unless the statutory summary suspension has been
24 rescinded, any person whose privilege to drive a motor
25 vehicle on the public highways has been summarily suspended,
26 pursuant to Section 11-501.1, shall not be eligible for
27 restoration of the privilege until the expiration of:
28 1. Six months from the effective date of the
29 statutory summary suspension for a refusal or failure to
30 complete a test or tests to determine the alcohol or drug
31 concentration, pursuant to Section 11-501.1; or
32 2. Three months from the effective date of the
33 statutory summary suspension imposed following the
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1 person's submission to a chemical test which disclosed an
2 alcohol concentration of 0.08 or more, or any amount of a
3 drug, substance or compound in such person's blood or
4 urine resulting from the unlawful use or consumption of
5 cannabis listed in the Cannabis Control Act or a
6 controlled substance listed in the Illinois Controlled
7 Substances Act, pursuant to Section 11-501.1; or
8 3. Three Two years from the effective date of the
9 statutory summary suspension for any person other than a
10 first offender who refuses or fails to complete a test or
11 tests to determine the alcohol or drug concentration
12 pursuant to Section 11-501.1; or
13 4. One year from the effective date of the summary
14 suspension imposed for any person other than a first
15 offender following submission to a chemical test which
16 disclosed an alcohol concentration of 0.08 or more
17 pursuant to Section 11-501.1 or any amount of a drug,
18 substance or compound in such person's blood or urine
19 resulting from the unlawful use or consumption of
20 cannabis listed in the Cannabis Control Act or a
21 controlled substance listed in the Illinois Controlled
22 Substances Act.
23 (b) Following a statutory summary suspension of the
24 privilege to drive a motor vehicle under Section 11-501.1,
25 full driving privileges shall be restored unless the person
26 is otherwise disqualified by this Code. If the court has
27 reason to believe that the person's driving privilege should
28 not be restored, the court shall notify the Secretary of
29 State prior to the expiration of the statutory summary
30 suspension so appropriate action may be taken pursuant to
31 this Code.
32 (c) Full driving privileges may not be restored until
33 all applicable reinstatement fees, as provided by this Code,
34 have been paid to the Secretary of State and the appropriate
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1 entry made to the driver's record.
2 (d) Where a driving privilege has been summarily
3 suspended under Section 11-501.1 and the person is
4 subsequently convicted of violating Section 11-501, or a
5 similar provision of a local ordinance, for the same
6 incident, any period served on statutory summary suspension
7 shall be credited toward the minimum period of revocation of
8 driving privileges imposed pursuant to Section 6-205.
9 (e) Following a statutory summary suspension of driving
10 privileges pursuant to Section 11-501.1, for a first
11 offender, the circuit court may, after at least 30 days from
12 the effective date of the statutory summary suspension, issue
13 a judicial driving permit as provided in Section 6-206.1.
14 (f) Subsequent to an arrest of a first offender, for any
15 offense as defined in Section 11-501 or a similar provision
16 of a local ordinance, following a statutory summary
17 suspension of driving privileges pursuant to Section
18 11-501.1, for a first offender, the circuit court may issue a
19 court order directing the Secretary of State to issue a
20 judicial driving permit as provided in Section 6-206.1.
21 However, this JDP shall not be effective prior to the 31st
22 day of the statutory summary suspension.
23 (g) Following a statutory summary suspension of driving
24 privileges pursuant to Section 11-501.1 where the person was
25 not a first offender, as defined in Section 11-500 and such
26 person refused or failed to complete a test or tests to
27 determine the alcohol or drug concentration pursuant to
28 Section 11-501.1, the Secretary of State may shall not issue
29 a restricted driving permit if at least one year has elapsed
30 since the effective date of the statutory summary suspension.
31 (h) Following a statutory summary suspension of driving
32 privileges pursuant to Section 11-501.1 where the person was
33 not a first offender as defined in Section 11-500 and such
34 person submitted to a chemical test which disclosed an
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1 alcohol concentration of 0.08 or more pursuant to Section
2 11-501.1, the Secretary of State may, after at least 90 days
3 from the effective date of the statutory summary suspension,
4 issue a restricted driving permit.
5 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97.)
6 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
7 Sec. 6-303. Driving while driver's license, permit or
8 privilege to operate a motor vehicle is suspended or revoked.
9 (a) Any person who drives or is in actual physical
10 control of a motor vehicle on any highway of this State at a
11 time when such person's driver's license, permit or privilege
12 to do so or the privilege to obtain a driver's license or
13 permit is revoked or suspended as provided by this Code or
14 the law of another state, except as may be specifically
15 allowed by a judicial driving permit, family financial
16 responsibility driving permit, probationary license to drive,
17 or a restricted driving permit issued pursuant to this Code
18 or under the law of another state, shall be guilty of a Class
19 A misdemeanor.
20 (b) The Secretary of State upon receiving a report of
21 the conviction of any violation indicating a person was
22 operating a motor vehicle during the time when said person's
23 driver's license, permit or privilege was suspended by the
24 Secretary, by the appropriate authority of another state, or
25 pursuant to Section 11-501.1; except as may be specifically
26 allowed by a probationary license to drive, judicial driving
27 permit or restricted driving permit issued pursuant to this
28 Code or the law of another state; shall extend the suspension
29 for the same period of time as the originally imposed
30 suspension; however, if the period of suspension has then
31 expired, the Secretary shall be authorized to suspend said
32 person's driving privileges for the same period of time as
33 the originally imposed suspension; and if the conviction was
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1 upon a charge which indicated that a vehicle was operated
2 during the time when the person's driver's license, permit or
3 privilege was revoked; except as may be allowed by a
4 restricted driving permit issued pursuant to this Code or the
5 law of another state; the Secretary shall not issue a
6 driver's license for an additional period of one year from
7 the date of such conviction indicating such person was
8 operating a vehicle during such period of revocation.
9 (c) Any person convicted of violating this Section shall
10 serve a minimum term of imprisonment of 7 consecutive days or
11 30 days of community service when the person's driving
12 privilege was revoked or suspended as a result of:
13 (1) a violation of Section 11-501 of this Code or a
14 similar provision of a local ordinance relating to the
15 offense of operating or being in physical control of a
16 vehicle while under the influence of alcohol, any other
17 drug or any combination thereof; or
18 (2) a violation of paragraph (b) of Section 11-401
19 of this Code or a similar provision of a local ordinance
20 relating to the offense of leaving the scene of a motor
21 vehicle accident involving personal injury or death; or
22 (3) a violation of Section 9-3 of the Criminal Code
23 of 1961, as amended, relating to the offense of reckless
24 homicide; or
25 (4) a statutory summary suspension under Section
26 11-501.1 of this Code.
27 Such sentence of imprisonment or community service shall
28 not be subject to suspension in order to reduce such
29 sentence.
30 (d) Any person convicted of a second or subsequent
31 violation of this Section shall be guilty of a Class 4 felony
32 if the original revocation or suspension was for a violation
33 of Section 11-401 or 11-501 of this Code, or a similar
34 out-of-state offense, or a similar provision of a local
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1 ordinance, a violation of Section 9-3 of the Criminal Code of
2 1961, relating to the offense of reckless homicide, or a
3 similar out-of-state offense, or a statutory summary
4 suspension under Section 11-501.1 of this Code. For any
5 prosecution under this Section, a certified copy of the
6 driving abstract of the defendant shall be admitted as proof
7 of any prior conviction.
8 (e) Any person in violation of this Section who is also
9 in violation of Section 7-601 of this Code relating to
10 mandatory insurance requirements, in addition to other
11 penalties imposed under this Section, shall have his or her
12 motor vehicle immediately impounded by the arresting law
13 enforcement officer. The motor vehicle may be released to
14 any licensed driver upon a showing of proof of insurance for
15 the vehicle that was impounded and the notarized written
16 consent for the release by the vehicle owner.
17 (f) For any prosecution under this Section, a certified
18 copy of the driving abstract of the defendant shall be
19 admitted as proof of any prior conviction.
20 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
21 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97.)
22 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
23 Sec. 11-501. Driving while under the influence of
24 alcohol, other drug, or combination of both.
25 (a) A person shall not drive or be in actual physical
26 control of any vehicle within this State while:
27 (1) the alcohol concentration in the person's blood
28 or breath is 0.08 or more based on the definition of
29 blood and breath units in Section 11-501.2;
30 (2) under the influence of alcohol;
31 (3) under the influence of any other drug or
32 combination of drugs to a degree that renders the person
33 incapable of safely driving;
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1 (4) under the combined influence of alcohol and any
2 other drug or drugs to a degree that renders the person
3 incapable of safely driving; or
4 (5) there is any amount of a drug, substance, or
5 compound in the person's blood or urine resulting from
6 the unlawful use or consumption of cannabis listed in the
7 Cannabis Control Act, or a controlled substance listed in
8 the Illinois Controlled Substances Act.
9 (b) The fact that any person charged with violating this
10 Section is or has been legally entitled to use alcohol, or
11 other drugs, or any combination of both, shall not
12 constitute a defense against any charge of violating this
13 Section.
14 (c) Except as provided under paragraphs (c-3) and (d) of
15 this Section, every person convicted of violating this
16 Section or a similar provision of a local ordinance, shall be
17 guilty of a Class A misdemeanor and, in addition to any other
18 criminal or administrative action, for any second conviction
19 of violating this Section or a similar provision of a law of
20 another state or local ordinance committed within 5 years of
21 a previous violation of this Section or a similar provision
22 of a local ordinance shall be mandatorily sentenced to a
23 minimum of 48 consecutive hours of imprisonment or assigned
24 to a minimum of 100 hours of community service as may be
25 determined by the court. Every person convicted of violating
26 this Section or a similar provision of a local ordinance
27 shall be subject to a mandatory minimum fine of $500 and a
28 mandatory 5 days of community service in a program benefiting
29 children if the person committed a violation of paragraph (a)
30 or a similar provision of a local ordinance while
31 transporting a person under age 16. Every person convicted a
32 second time for violating this Section or a similar provision
33 of a local ordinance within 5 years of a previous violation
34 of this Section or a similar provision of a law of another
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1 state or local ordinance shall be subject to a mandatory
2 minimum fine of $500 and 10 days of mandatory community
3 service in a program benefiting children if the current
4 offense was committed while transporting a person under age
5 16. The imprisonment or assignment under this subsection
6 shall not be subject to suspension nor shall the person be
7 eligible for probation in order to reduce the sentence or
8 assignment.
9 (c-1) (1) A person who violates this Section during a
10 period in which his or her driving privileges are revoked
11 or suspended, where the revocation or suspension was for
12 a violation of this Section, paragraph (b) of Section
13 11-401 of this Code, or Section 9-3 of the Criminal Code
14 of 1961 or was based on the provisions of Section
15 11-501.1 of this Code is guilty of a Class 4 felony and
16 or Section 11-501.1 shall, unless sentenced to a term of
17 imprisonment in the penitentiary, in addition to any
18 other criminal or administrative action, be sentenced to
19 a minimum term of 30 consecutive days of imprisonment, 40
20 days of 24 hour periodic imprisonment or 720 hours of
21 community service, as may be determined by the court.
22 This mandatory minimum term of imprisonment or assignment
23 of community service shall not be suspended and shall not
24 be subject to reduction by the court.
25 (2) A person who violates this Section a third time
26 during a period in which his or her driving privileges
27 are revoked or suspended where the revocation or
28 suspension was for a violation of this Section, paragraph
29 (b) of Section 11-401 of this Code, or Section 9-3 of the
30 Criminal Code of 1961 or was based on the provisions of
31 Section 11-501.1 of this Code is guilty of a Class 3
32 felony.
33 (3) A person who violates this Section a fourth or
34 subsequent time during a period in which his or her
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1 driving privileges are revoked or suspended where the
2 revocation or suspension was for a violation of this
3 Section, paragraph (b) of Section 11-401 of this Code, or
4 Section 9-3 of the Criminal Code of 1961 or was based on
5 the provisions of Section 11-501.1 of this Code is guilty
6 of a Class 2 felony.
7 (c-2) (Blank).
8 (c-3) Every person convicted of violating this Section
9 or a similar provision of a local ordinance who had a child
10 under age 16 in the vehicle at the time of the offense shall
11 have his or her punishment under this Act enhanced by 2 days
12 of imprisonment for a first offense, 10 days of imprisonment
13 for a second offense, 30 days of imprisonment for a third
14 offense, and 90 days of imprisonment for a fourth or
15 subsequent offense, in addition to the fine and community
16 service required under subsection (c) and the possible
17 imprisonment required under subsection (d). The imprisonment
18 or assignment under this subsection shall not be subject to
19 suspension nor shall the person be eligible for probation in
20 order to reduce the sentence or assignment.
21 (d) (1) Every person convicted of committing a violation
22 of this Section shall be guilty of aggravated driving under
23 the influence of alcohol or drugs or a combination of both
24 if:
25 (A) the person committed a violation of this
26 Section, or a similar provision of a law of another state
27 or a local ordinance when the cause of action is the same
28 as or substantially similar to this Section, for the
29 third or subsequent time;
30 (B) the person committed a violation of paragraph
31 (a) while driving a school bus with children on board;
32 (C) the person in committing a violation of
33 paragraph (a) was involved in a motor vehicle accident
34 that resulted in great bodily harm or permanent
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1 disability or disfigurement to another, when the
2 violation was a proximate cause of the injuries; or
3 (D) the person committed a violation of paragraph
4 (a) for a second time and has been previously convicted
5 of violating Section 9-3 of the Criminal Code of 1961
6 relating to reckless homicide in which the person was
7 determined to have been under the influence of alcohol or
8 any other drug or drugs as an element of the offense or
9 the person has previously been convicted under
10 subparagraph (C) of this paragraph (1).
11 (2) Aggravated driving under the influence of alcohol or
12 drugs or a combination of both is a Class 4 felony for which
13 a person, if sentenced to a term of imprisonment, shall be
14 sentenced to not less than one year and not more than 3 years
15 for a violation of subparagraph (A), (B) or (D) of paragraph
16 (1) of this subsection (d) and not less than one year and not
17 more than 12 years for a violation of subparagraph (C) of
18 paragraph (1) of this subsection (d). For any prosecution
19 under this subsection (d), a certified copy of the driving
20 abstract of the defendant shall be admitted as proof of any
21 prior conviction.
22 (e) After a finding of guilt and prior to any final
23 sentencing, or an order for supervision, for an offense based
24 upon an arrest for a violation of this Section or a similar
25 provision of a local ordinance, individuals shall be required
26 to undergo a professional evaluation to determine if an
27 alcohol or other drug abuse problem exists and the extent of
28 the problem. Programs conducting these evaluations shall be
29 licensed by the Department of Human Services. The cost of
30 any professional evaluation shall be paid for by the
31 individual required to undergo the professional evaluation.
32 (f) Every person found guilty of violating this Section,
33 whose operation of a motor vehicle while in violation of this
34 Section proximately caused any incident resulting in an
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1 appropriate emergency response, shall be liable for the
2 expense of an emergency response as provided under Section
3 5-5-3 of the Unified Code of Corrections.
4 (g) The Secretary of State shall revoke the driving
5 privileges of any person convicted under this Section or a
6 similar provision of a local ordinance.
7 (h) Every person sentenced under subsection (d) of this
8 Section and who receives a term of probation or conditional
9 discharge shall be required to serve a minimum term of either
10 30 days community service or, beginning July 1, 1993, 48
11 consecutive hours of imprisonment as a condition of the
12 probation or conditional discharge. This mandatory minimum
13 term of imprisonment or assignment of community service shall
14 not be suspended and shall not be subject to reduction by the
15 court.
16 (i) The Secretary of State shall establish a pilot
17 program to test the effectiveness of ignition interlock
18 device requirements upon individuals who have been arrested
19 for a second or subsequent offense of this Section. The
20 Secretary shall establish by rule and regulation the
21 population and procedures for use of the interlock system.
22 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
23 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
24 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
25 10-24-97.)
26 Section 10. The Criminal Code of 1961 is amended by
27 changing Section 36-1 as follows:
28 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
29 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
30 used with the knowledge and consent of the owner in the
31 commission of, or in the attempt to commit as defined in
32 Section 8-4 of this Code, an offense prohibited by (a)
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1 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2,
2 11-20.1, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2,
3 19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or
4 paragraph (a) of Section 12-15 or paragraphs (a), (c) or (d)
5 of Section 12-16 of this Code; (b) Section 21, 22, 23, 24 or
6 26 of the Cigarette Tax Act if the vessel, vehicle or
7 aircraft contains more than 10 cartons of such cigarettes;
8 (c) Section 28, 29 or 30 of the Cigarette Use Tax Act if the
9 vessel, vehicle or aircraft contains more than 10 cartons of
10 such cigarettes; (d) Section 44 of the Environmental
11 Protection Act; or (e) 11-204.1 of the Illinois Vehicle Code;
12 or (f) the offenses described in the following provisions of
13 the Illinois Vehicle Code: Section 11-501 subdivisions
14 (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D); may be
15 seized and delivered forthwith to the sheriff of the county
16 of seizure.
17 Within 15 days after such delivery the sheriff shall give
18 notice of seizure to each person according to the following
19 method: Upon each such person whose right, title or interest
20 is of record in the office of the Secretary of State, the
21 Secretary of Transportation, the Administrator of the Federal
22 Aviation Agency, or any other Department of this State, or
23 any other state of the United States if such vessel, vehicle
24 or aircraft is required to be so registered, as the case may
25 be, by mailing a copy of the notice by certified mail to the
26 address as given upon the records of the Secretary of State,
27 the Department of Aeronautics, Department of Public Works and
28 Buildings or any other Department of this State or the United
29 States if such vessel, vehicle or aircraft is required to be
30 so registered. Within that 15 day period the sheriff shall
31 also notify the State's Attorney of the county of seizure
32 about the seizure.
33 In addition, any mobile or portable equipment used in the
34 commission of an act which is in violation of Section 7g of
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1 the Metropolitan Water Reclamation District Act shall be
2 subject to seizure and forfeiture under the same procedures
3 provided in this Article for the seizure and forfeiture of
4 vessels, vehicles and aircraft, and any such equipment shall
5 be deemed a vessel, vehicle or aircraft for purposes of this
6 Article.
7 When a person discharges a firearm at another individual
8 from a vehicle with the knowledge and consent of the owner of
9 the vehicle and with the intent to cause death or great
10 bodily harm to that individual and as a result causes death
11 or great bodily harm to that individual, the vehicle shall be
12 subject to seizure and forfeiture under the same procedures
13 provided in this Article for the seizure and forfeiture of
14 vehicles used in violations of clauses (a), (b), (c), or (d)
15 of this Section.
16 If the spouse of the respondent owner of a vehicle seized
17 for a violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3),
18 (d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois
19 Vehicle Code or Section 9-3 of this Code makes a showing that
20 the seized vehicle is the only source of transportation for
21 employment or the family and the court determines that the
22 financial hardship to the family that would result from the
23 forfeiture of the vehicle outweighs the benefit of forfeiture
24 of the vehicle to the State, the respondent owner's interest
25 in the vehicle may be forfeited to the properly licensed
26 spouse of the respondent owner. If the vehicle is forfeited
27 to the respondent owner's spouse, the title to the vehicle
28 shall be transferred to the spouse. A written declaration of
29 forfeiture of a vehicle under this Section shall constitute
30 sufficient documentation for the title to be transferred to
31 the spouse. The spousal protection provisions of this
32 paragraph shall apply only one time per vehicle. The spousal
33 protection provisions of this paragraph shall not apply to
34 any vehicle of the respondent or respondent's spouse that is
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1 the subject of a subsequent forfeiture proceeding by virtue
2 of a subsequent violation of subdivision (c-1)(1), (c-1)(2),
3 (c-1)(3), (d)(1)(A) or (d)(1)(D) of Section 11-501 of the
4 Illinois Vehicle Code or Section 9-3 of this Code. If the
5 respondent owner of the seized vehicle owns more than one
6 vehicle, the spousal protection provision set forth herein
7 may be used for only one vehicle.
8 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
9 revised 10-15-97.)
10 Section 15. The Unified Code of Corrections is amended
11 by changing Section 5-6-1 as follows:
12 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
13 Sec. 5-6-1. Sentences of Probation and of Conditional
14 Discharge and Disposition of Supervision. The General
15 Assembly finds that in order to protect the public, the
16 criminal justice system must compel compliance with the
17 conditions of probation by responding to violations with
18 swift, certain and fair punishments and intermediate
19 sanctions. The Chief Judge of each circuit shall adopt a
20 system of structured, intermediate sanctions for violations
21 of the terms and conditions of a sentence of probation,
22 conditional discharge or disposition of supervision.
23 (a) Except where specifically prohibited by other
24 provisions of this Code, the court shall impose a sentence of
25 probation or conditional discharge upon an offender unless,
26 having regard to the nature and circumstance of the offense,
27 and to the history, character and condition of the offender,
28 the court is of the opinion that:
29 (1) his imprisonment or periodic imprisonment is
30 necessary for the protection of the public; or
31 (2) probation or conditional discharge would
32 deprecate the seriousness of the offender's conduct and
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1 would be inconsistent with the ends of justice.
2 The court shall impose as a condition of a sentence of
3 probation, conditional discharge, or supervision, that the
4 probation agency may invoke any sanction from the list of
5 intermediate sanctions adopted by the chief judge of the
6 circuit court for violations of the terms and conditions of
7 the sentence of probation, conditional discharge, or
8 supervision, subject to the provisions of Section 5-6-4 of
9 this Act.
10 (b) The court may impose a sentence of conditional
11 discharge for an offense if the court is of the opinion that
12 neither a sentence of imprisonment nor of periodic
13 imprisonment nor of probation supervision is appropriate.
14 (c) The court may, upon a plea of guilty or a
15 stipulation by the defendant of the facts supporting the
16 charge or a finding of guilt, defer further proceedings and
17 the imposition of a sentence, and enter an order for
18 supervision of the defendant, if the defendant is not charged
19 with a Class A misdemeanor, as defined by the following
20 provisions of the Criminal Code of 1961: Sections 12-3.2;
21 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
22 21-1; paragraph (1) through (5), (8), (10), and (11) of
23 subsection (a) of Section 24-1; and Section 1 of the Boarding
24 Aircraft With Weapon Act; or a felony. If the defendant is
25 not barred from receiving an order for supervision as
26 provided in this subsection, the court may enter an order for
27 supervision after considering the circumstances of the
28 offense, and the history, character and condition of the
29 offender, if the court is of the opinion that:
30 (1) the offender is not likely to commit further
31 crimes;
32 (2) the defendant and the public would be best
33 served if the defendant were not to receive a criminal
34 record; and
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1 (3) in the best interests of justice an order of
2 supervision is more appropriate than a sentence otherwise
3 permitted under this Code.
4 (d) The provisions of paragraph (c) shall not apply to a
5 defendant charged with violating Section 11-501 of the
6 Illinois Vehicle Code or a similar provision of a local
7 ordinance when the defendant has previously been:
8 (1) convicted for a violation of Section 11-501 of
9 the Illinois Vehicle Code or a similar provision of a
10 local ordinance; or
11 (2) assigned supervision for a violation of Section
12 11-501 of the Illinois Vehicle Code or a similar
13 provision of a local ordinance; or
14 (3) pleaded guilty to or stipulated to the facts
15 supporting a charge or a finding of guilty to a violation
16 of Section 11-503 of the Illinois Vehicle Code or a
17 similar provision of a local ordinance, and the plea or
18 stipulation was the result of a plea agreement.
19 The court shall consider the statement of the prosecuting
20 authority with regard to the standards set forth in this
21 Section.
22 (e) The provisions of paragraph (c) shall not apply to a
23 defendant charged with violating Section 16A-3 of the
24 Criminal Code of 1961 if said defendant has within the last 5
25 years been:
26 (1) convicted for a violation of Section 16A-3 of
27 the Criminal Code of 1961; or
28 (2) assigned supervision for a violation of Section
29 16A-3 of the Criminal Code of 1961.
30 The court shall consider the statement of the prosecuting
31 authority with regard to the standards set forth in this
32 Section.
33 (f) The provisions of paragraph (c) shall not apply to a
34 defendant charged with violating Sections 15-111, 15-112,
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1 15-301, paragraph (b) of Section 6-104, Section 11-605, or
2 Section 11-1414 of the Illinois Vehicle Code or a similar
3 provision of a local ordinance.
4 (g) The provisions of paragraph (c) shall not apply to a
5 defendant charged with violating Section 3-707, 3-708, 3-710,
6 or 5-401.3 of the Illinois Vehicle Code or a similar
7 provision of a local ordinance if the defendant has within
8 the last 5 years been:
9 (1) convicted for a violation of Section 3-707,
10 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
11 a similar provision of a local ordinance; or
12 (2) assigned supervision for a violation of Section
13 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
14 Code or a similar provision of a local ordinance.
15 The court shall consider the statement of the prosecuting
16 authority with regard to the standards set forth in this
17 Section.
18 (h) The provisions of paragraph (c) shall not apply to a
19 defendant under the age of 21 years charged with violating a
20 serious traffic offense as defined in Section 1-187.001 of
21 the Illinois Vehicle Code:
22 (1) unless the defendant, upon payment of the
23 fines, penalties, and costs provided by law, agrees to
24 attend and successfully complete a traffic safety program
25 approved by the court under standards set by the
26 Conference of Chief Circuit Judges. The accused shall be
27 responsible for payment of any traffic safety program
28 fees. If the accused fails to file a certificate of
29 successful completion on or before the termination date
30 of the supervision order, the supervision shall be
31 summarily revoked and conviction entered. The provisions
32 of Supreme Court Rule 402 relating to pleas of guilty do
33 not apply in cases when a defendant enters a guilty plea
34 under this provision; or
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1 (2) if the defendant has previously been sentenced
2 under the provisions of paragraph (c) on or after January
3 1, 1998 for any serious traffic offense as defined in
4 Section 1-187.001 of the Illinois Vehicle Code.
5 (i) The provisions of paragraph (c) shall not apply to a
6 defendant charged with violating Section 6-303 of the
7 Illinois Vehicle Code or a similar provision of a local
8 ordinance when the revocation or suspension was for a
9 violation of Section 11-501 or a similar provision of a local
10 ordinance, a violation of paragraph (b) of Section 11-401 of
11 the Illinois Vehicle Code, a violation of Section 9-3 of the
12 Criminal Code of 1961 or was based on the provisions of
13 Section 11-501.1 of this Code if the defendant has within the
14 last 10 years been:
15 (1) Convicted for a violation of Section 6-303 of
16 the Illinois Vehicle Code or a similar provision of a
17 local ordinance; or
18 (2) Assigned supervision for a violation of Section
19 6-303 of the Illinois Vehicle Code or a similar provision
20 of a local ordinance.
21 (Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
22 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
23 1-1-98.)